Web resource:	http://www.qlrc.qld.gov.au/events/personalProtection.pdf
Type:	Conference Paper
Title:	Personal protection and the law : stalking, domestic violence and peace and good behaviour.
Other Titles:	Association of Law Reform Agencies of Eastern and Southern Africa Conferen[cut]
Authors:	Douglas, Heather
Keywords:	Legislation analysis;Criminal justice responses;Legal issues;Stalking;Policing
Year:	2005
Publisher:	Queensland Law Reform Commission
Notes:	Describes 3 different types of stalking: lust stalker; love scorned stalker; domestic stalker and names other type descriptors such as: rejected, intimacy seeking, incompetent, resentful and predatory stalkers. Looks at effects on victims eg loss of financial position and identity through victim having to move location to escape. Notes some of the particular challenges that stalking poses to criminal law because there is often no physical damage or even direct contact with victim (eg phone texts and email). Describes in detail QLD legislation– both 1993 and 1999. Goes on to look at the criminal law responses of the other Australian jurisdictions by way of comparison of approaches to issues such as: intention; act of stalking; state of mind of victim; intervention orders and penalties. Looks at civil responses of Queensland and then various other States and territories and concludes with the recommendation of a coordinated nationwide approach to stalking since perpetrators may be highly mobile in pursuit of their victims and so that their crimes are cumulative. There is also a recommendation for domestic violence to be treated consistently throughout Australia. Canvasses some preferred recommendations in conclusion including: restraining orders - which it acknowledges need to be further tested; and the Victorian formulations that include incidences where the stalker does not intend harm or fear for their victim and the Queensland definition of acts of stalking that includes watching over a period of days and avoids the problematic language of ‘course of conduct’. Finally acknowledges the ways in which stalkers can use the legal system to continue the perpetration of their crime through reconnection and exposure to the victim and that they can continue their stalking campaign from prison.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/21124
Appears in Collections:	Conference Papers

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